Mumbai: Leading Kandivali club loses liquor service license

MUMBAI: The state excise department has rejected the revision of a club bar/liquor licence to the Kamla Vihar Sports club (KVSC) in Kandivali West after it was found to have been set up against the basic condition laid down by BMC in its development agreement that a permit room or bar shall not be allowed inside the facility.
KVSC's sister concern M/s Aparna Development Corporation (ADC) were the developers of the club to whom BMC had awarded the construction contract.
Neither the BMC has given any NoC to the club to start such a facility nor there is any agreement between the BMC and the developer to that effect, the copy of the excise department order signed by principal secretary Valsa Nair Singh stated. In the absence of any agreement with or NoC from BMC, the department directs to retain earlier orders of district collector and excise commissioner to disapprove the licence, stated the order copy of which is with TOI.
In 1998 BMC had given its administrative nod to build the club along with a swimming pool to KVSC's sister concern M/s Aparna Development Corporation (ADC) with an agreement to hand it over to BMC after the construction is over. However, environmental activist Reji Abraham, who had filed a PIL before the Bombay high court, against the licence pointed out that handing over was delayed so inordinately by the builder that the BMC had to penalise KVSC by charging Rs 41.85 lakh.
The case of illegally retaining the club is presently subjudiced, Abraham had told the court. Meanwhile, the operations and maintenance of the club were given to M/s Kamla Vihar Sports Club (KVSC) on a caretaker basis. Since the club has not been handed over to the BMC, there is no formal operation and maintenance agreement between the operators and the BMC, the excise order revealed.
It may be recalled that the matter was first raised by Abraham, president of United association for social educational and public welfare trust, with Lokayukta pointing out that the commoners other than the members of the club were not being allowed to enter the club premises free of charge. Later, upon Lokayukta's recommendation over his complaint the district collector suspended the excise licence.
Meanwhile KVSC approached Mumbai high court against the collector's order which was nullified by the court and directed the concerned District advisory committee led by collector to decide on the matter within five weeks. However, based on agreement conditions with BMC the collector permanently cancelled the bar licence. Later when KVSC approached excise, after initial refusal to the licence, the department then headed by minister Chandrashekhar Bawankule approved the bar permit setting aside the collector order.
However, when Abraham approached the Bombay high court with his PIL, the court set aside the then excise minister's order and directed the department to take final decision in consultation with the BMC.
Meanwhile KVSC had pleaded before the court that the excise licence allotment was not part of the development agreement and that the BMC had no policy at a time when the liquor permit was allotted to them.
According to KVSC as per 2005 policy there was a scope to bid for reapplication for such a licence. They pointed out that Mumbai had many such club licences and that BMC representatives at the district advisory committee's hearing never objected to licence approval.